Minneapolis Threshing Machine Co. v. Skau
South Dakota Supreme Court
Appeal from county court, Minnehaha county. Hon. W. A. Wilkes, Judge. Action to recover a threshing bill. Defendant had j udgment in justice court. Plaintiff appealed to the county court and recovered judgment against defendant, who appeals. The notice of appeal from justice’s court not having been served upon either the appellant or his attorney, the county court was without jurisdiction.
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Appeal from county court, Minnehaha county. Hon. W. A. Wilkes, Judge. Action to recover a threshing bill. Defendant had j udgment in justice court. Plaintiff appealed to the county court and recovered judgment against defendant, who appeals. The notice of appeal from justice’s court not having been served upon either the appellant or his attorney, the county court was without jurisdiction. Rudolph v. Hermann, 2 S. D. 399, 50 N. W. 833; Edminster v. Rathbun, 3 S. D. 129, 52 N. W. 263; Corker v. Superior Court, 58 Calif. 178. The record failing, to disclose that the notice of appeal was not…
1Opinion of the CourtCorson, P. J.
Action to -recover amount due for threshing, commenced in a justice’s court. A judgment was rendered in that court in favor of the defendant. The plaintiff appealed to the county court, and judgment in that court was entered for the plaintiff. From this judgment, the defendant appealed to to this court. A motion was made in this court to dismiss the appeal; (1) Because the abstract does not comply with rules of court, in that the different acts set forth do not appear in chronological oi’der; (2) because the order denying appellant’s motion for a new trial has never been entered in the…
2Cases cited2 opinions
- Opening of Gold Street v. NewtonSupreme Court Of The Territory Of Dakota · 1878
- Sykes v. HannawaltNorth Dakota Supreme Court · 1895
3Cited by8 opinions
- Martin v. SmithSouth Dakota Supreme Court · 1899
- Stephens v. FausSouth Dakota Supreme Court · 1906
- Mettel v. GalesSouth Dakota Supreme Court · 1900
- McCormick Harvesting Machine Co. v. WoulphSouth Dakota Supreme Court · 1898
- Myers v. LongstaffSouth Dakota Supreme Court · 1900
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